Should I accept tenant's offer of payment.

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    Should I accept tenant's offer of payment.

    My impossible to evict tenant has offered to pay £20 a month to clear the money claim for rent arrears. It would take him approx 6 years to clear the debt.

    A further claim for rent arrears will be made when we finally evict him. This will be for about 2.5 times the amount made on the moneyclaim so another 13 years to clear that one!

    I have resigned myself to never seeing any of the rent arrears ever again. I don't believe he will pay the £20 a week and I don't think he has anything of value in the property. He also has no job. Sounds like a bit of a catch really doesn't he!

    I have to let the court know tomorrow if I accept or decline the offer of payment. I actually just feel like ignoring the whole thing, however I would like some advice please.

    1. If I decline the offer of payment will it affect anything the judge might decide on the 3rd hearing for possession due on the 12th?

    2. If I accept will the judge see this as the tenant doing his best to try and resolve the situation and extend further sympathy?

    3. If I just ignore it will that go against me?

    4. Has anybody any first hand knowledge of this?

    Thanking you kindly.

    #2
    For the reasons you highlight you probably wont get your money back but as you have issued a money claim you will need follow this through. Accept the payment offer via the court (this still does not mean he will pay) but you could take enforcement proceeding against the tenant for up to 6 years after the debt became due. His circumstances may change during this time.

    Possession is now your priority. Why are you on your 3rd hearing?

    When claiming any rent due through the court it is best to wait until you have possession (s21 procedure) so you know the total amount you need to claim for (once you have offset the deposit amount... if anything left over after dilapidation) rather than issuing a money claim as now you will have two Judgments to try and enforce.

    As long as you have not included the rent due on this money claim on your claim for possession (assuming a S8 procedure)- it will not effect the hearing as the two claims are not connected

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      #3
      Thank you for the reply. I have done the subject of my rotten tenant on previous threads but I appreciate your advice.

      Mainly I wanted some advice about should I or should I not accept the offer and if there are any implications regarding this.

      Comment


        #4
        If you used the S.8 Ground 8 route then you could have asked the court to assess arrears which are ususally calculated to add a daily rate on what is already owed until the tenant vacates. Unfortunately you can't use the APP if you want arrears included with the possession order
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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